Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 - s. 24 Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - s. 24 - Transfer of cases - Power of Court- Scope of - High Court transferring civil suit from the court of Civil Judge, Ropar to the court of Additional Civil Judge, Chandigarh - Challenge to - Held: High Court did not record any reason/ground for transferring the suit - Also it did not consider the allegations and counter-allegations - Moreso, the delay was attributable to plaintiff in the suit - Power u/s 24 cannot be exercised ipse dixit in the manner in which it was done - High Court should have applied its mind to these aspects and prima facie satisfied as to the grounds which weighed in taking such action - Thus, order of High Court set aside and matter remitted back. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2008 INSC 40 |
Petitioner | Kulwinder Kaur @ Kulwinder Gurcharan Singh |
Respondent | Kandi Friends Education Trust And Ors. |
SCR | [2008] 1 S.C.R. 556 |
Judgement Date | 2008-01-11 |
Case Number | 338 |
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